Case law: Addison Lee drivers are ‘workers’.

Addison Lee v. Lange [2021] EWCA Civ 594

This case was first heard in the Employment Tribunal in 2017 and the drivers were held to be limb ‘b’ workers. Addison Lee appealed to the Employment Appeal Tribunal (EAT) and the EAT dismissed the appeal in November 2018. Addison Lee then appealed to the Court of Appeal for permission to appeal.

According to the Court of Appeal, however, Addison Lee’s drivers are now also limb ‘b’ workers. This case was held over pending the judgment in the Supreme Court in the Uber case. Addison Lee was asking the Court of Appeal for permission to appeal, as it had been denied by the EAT. The Court of Appeal denied permission to appeal on the basis that after the Uber judgment there was no reasonable prospect of success.

The two main issues were that the drivers were ‘workers’ on the basis of the over-arching contract and the fact that when a driver logged on he was undertaking to accept the driving jobs allocated to him and to perform them personally. The EAT upheld both conclusions.

Published: 22 April 2021

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